H was born in the United States. His parents took him to Mexico in 1937. He returned to the United States in 1955. However, he was deported in 1956 because it was found that he had voted in the 1946 Mexican election and thus was expatriated pursuant to the Nationality Act of 1940.

After his deaths, his survivors who were aliens residing in Mexico filed for social security benefits based on his earnings record. Under this fact scenario, the applicable statute precluded payment to H’s survivors because of his expatriation.

However, the question arose as to whether or not this outcome was correct in light of the Supreme Court case of Afroyim v. Rusk, 387 U.S. 253 (1967). That case held that it was unconstitutional to expatriate a naturalized citizen who had voted in an Israeli Knesset election.

Based on this decision, the congressional act that expatriated H was unconstitutional. Therefore, legally, it was as if H had never lost his citizenship. Benefits could be paid to his survivors if they met the other requirements of the Act.

See Social Security Ruling (SSR) 68-45.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.